Question
Grande v. Jennings278 P. 3d 1287 (Ariz. Ct. App. 2012) When Robert Spann passed away in 2001, his daughter Karen Spann Grande became the personal
Grande v. Jennings278 P. 3d 1287 (Ariz. Ct. App. 2012)
When Robert Spann passed away in 2001, his daughter Karen Spann Grande became the personal representative of the estate. She and her sister took charge of the house, which Spann owned and resided in for many years. They made some repairs to the house and also looked for valuables their father might have left or hidden. They knew from experience that he had hidden gold, cash, and other valuables in unusual places in other homes. Over the course of seven years, they found stocks and bonds, as well as hundreds of military-style ammunition cans hidden throughout the house, some of which contained gold or cash.The house was sold "as is" to Sarina Jennings and Clinton McCallum in September 2008. They hired Randy Bueghly and his company, Trinidad Builders, to remodel the dilapidated house. Shortly after the work began, Rafael Cuen, a Trinidad employee, discovered two ammunition cans full of cash in a kitchen wall, went looking, and found two more cash-filled ammunition cans inside the framing of an upstairs bathroom.After Cuen reported the find to his boss, Bueghly took the four ammo cansbut did not tell the new owners about the findand tried to secret the cans. Cuen, however, eventually told the new owners about the discovery and the police were called. The police ultimately took control of $500,000, which Bueghly had kept in a floor safe in his home.Jennings/McCallum sued Bueghly for conversion and a declaration that Bueghly had no right to the money, and Bueghly later filed a counterclaim for a declaration that he was entitled to the found funds. In the meantime, Grande filed a petition in probate court on behalf of the estate to recover the money. The two cases were consolidated in June 2009. Jennings/McCallum argued that the money belonged to them because it was found on their property. Bueghly argued that the money had been abandoned and that as the first to reduce it to his possession, he was entitled to it. Grande contended that the money had been mislaid by her father and that the estate should be recognized as the true owner.
(develop IRAC issue,rule,anaylsis,conclusion)?
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